Terms of Service

Effective 30 April 2026 · Australia

These Terms of Service (the "Terms") govern your access to and use of the Pharmafy software-as-a-service platform, websites, mobile applications and related services (together, the "Service") provided by Pharmafy ("we", "our", "us"). By accessing the Service or signing in with your mobile number, you agree to be bound by these Terms.

Contents 1. Accounts 2. Your data 3. Acceptable use 4. Integrations 5. Availability 6. Fees 7. Intellectual property 8. Confidentiality 9. Warranties 10. Liability 11. Indemnity 12. Termination 13. Changes 14. Governing law 15. Contact

1. Accounts and authentication

Pharmafy uses one-time SMS codes (OTP) for sign-in — there are no passwords. You are responsible for keeping the mobile number on your account current and secure, and for any activity carried out under your account. Notify us immediately at security@pharmafy.com.au if you suspect unauthorised access.

You must be at least 18 years old, employed by, or otherwise authorised to act on behalf of, the organisation whose data you access through the Service. Each user must use their own login.

2. Your data and ownership

The data your organisation creates or uploads into Pharmafy — including healthcare professional (HCP) contact details, account records, engagement notes, photos, surveys, sales data and integration tokens (collectively, "Customer Data") — remains the property of your organisation. We act only as a data processor under your direction.

You grant us a limited licence to host, process, transmit, encrypt, back up, display and otherwise handle Customer Data solely for the purpose of providing and improving the Service.
You represent that you have all necessary rights, consents and lawful bases (including under the Australian Privacy Act 1988 and the Australian Privacy Principles) to provide Customer Data to us.
You are responsible for ensuring that the HCPs and patients whose information appears in the Service are aware that their data is being held in a CRM and have given any consents required by law.

For details on how we handle Customer Data, see our Privacy Policy.

3. Acceptable use

You must not use the Service to:

upload data that breaches healthcare advertising rules, the Therapeutic Goods Act 1989, or the Medicines Australia Code of Conduct;
contact HCPs or patients in ways that breach the Spam Act 2003 or the Privacy Act 1988;
store special-category clinical data outside what's necessary for the engagement record;
attempt to circumvent the Service's security controls, rate-limits, or audit logging;
reverse engineer, decompile, or attempt to derive source code from the Service except to the extent permitted by law;
resell, sublicense or expose the Service as a competing product without our written consent.

4. Third-party integrations

The Service offers optional integrations with third-party providers including (without limitation) Xero, Twilio, OpenStreetMap / Nominatim, your chosen SMTP provider, and (as of these Terms' effective date) integrations on the Pharmafy roadmap such as MYOB, QuickBooks, NetSuite, SAP, hospital EHRs and 4PL distributors.

By enabling an integration, you authorise us to send and receive data with that provider on your behalf, using credentials you supply.
The third party's terms of service and privacy policy apply to your use of that provider; we are not responsible for their performance, downtime, or data handling.
You may revoke an integration at any time from the Service's admin interface or directly in the third-party provider.

5. Service availability and changes

We aim for high availability but do not guarantee uninterrupted operation. We may perform scheduled maintenance, deploy updates, or modify the Service from time to time. We will provide reasonable notice of changes that materially affect functionality.

6. Subscription fees

Where a written commercial agreement governs your use of the Service, fees, billing terms and refunds are set out in that agreement. Where no such agreement exists (including evaluation, pilot, or free-tier use), the Service is provided on an as-is basis with no fees and no service-level commitments.

7. Intellectual property

The Service, including all software, designs, documentation, branding and underlying intellectual property, is owned by Pharmafy or its licensors and is protected by Australian and international intellectual-property laws. Nothing in these Terms transfers any of our intellectual property to you. Any feedback, suggestions or ideas you provide may be used by us without restriction.

8. Confidentiality

Each party will protect the other's confidential information using at least reasonable care and will not disclose it except as required by law, professional advisors under confidentiality obligations, or with the disclosing party's written consent.

9. Warranties and disclaimers

We warrant that we will provide the Service with reasonable care and skill. To the maximum extent permitted by law, the Service is otherwise provided "as is" and "as available", and we disclaim all other warranties including merchantability, fitness for a particular purpose, accuracy, or non-infringement. Predictions, attributions or analytics generated by the Service (including AI-derived outputs) are advisory only — you remain responsible for any commercial or clinical decisions you make based on them.

Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, term or condition implied by the Australian Consumer Law or other Australian legislation that cannot lawfully be excluded.

10. Limitation of liability

To the maximum extent permitted by law:

neither party is liable for indirect, special, consequential, incidental or punitive damages, including loss of profits, loss of business, or loss of data, arising out of or in connection with the Service;
each party's total aggregate liability for all claims arising out of or in connection with these Terms is limited to the fees paid (or payable) by you to us in the 12 months immediately before the event giving rise to the liability, or AUD $100, whichever is greater.

This clause does not limit liability for fraud, wilful misconduct, or amounts that cannot lawfully be limited.

11. Indemnity

You will indemnify and hold harmless Pharmafy, its officers, employees and contractors from any claim or loss arising out of: (a) your breach of these Terms; (b) your unlawful use of the Service; or (c) Customer Data infringing the rights of a third party or breaching applicable law.

12. Termination

Either party may terminate these Terms at any time, with or without cause, by ceasing to use the Service or (in our case) by giving you reasonable notice. On termination, your right to access the Service ends immediately. We will retain Customer Data for 30 days following termination during which you may request export; after that period we may delete Customer Data unless required by law to retain it.

13. Changes to these Terms

We may revise these Terms from time to time. The current version is always available at https://pharmafy.com.au/terms with the effective date shown at the top. Material changes will be communicated by email or through the Service. Your continued use of the Service after the effective date of changes constitutes acceptance of the revised Terms.

14. Governing law and jurisdiction

These Terms are governed by the laws of Victoria, Australia. Each party submits to the exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia for any dispute arising out of or in connection with these Terms.

15. Contact

Questions about these Terms? Email legal@pharmafy.com.au. For privacy-specific requests, see our Privacy Policy or email privacy@pharmafy.com.au.